Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB649 Compare Versions

Only one version of the bill is available at this time.

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4	4	2023 ASSEMBLY BILL 649
5	5	November 8, 2023 - Introduced by Representatives CALLAHAN, BEHNKE, EDMING,
6	6	GREEN, MOSES, PENTERMAN, RETTINGER, ROZAR, SCHMIDT, SORTWELL and
7	7	JACOBSON, cosponsored by Senators MARKLEIN, FELZKOWSKI, BALLWEG, COWLES
8	8	and QUINN. Referred to Committee on Transportation.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 82.36 and 86.302 (1j) of the statutes; relating to: seasonally
11	11	maintained highways.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill provides that a town may designate any highway or portion of a
14	14	highway under its jurisdiction as a seasonally maintained highway, which the town
15	15	is not required to maintain as passable for motor vehicle traffic from December 15
16	16	to March 31.
17	17	Under the bill, a seasonally maintained highway must be designated as a
18	18	snowmobile route and marked with signs identifying the highway as seasonally
19	19	maintained and closed to motor vehicle traffic during the applicable period. A
20	20	seasonally maintained highway may not be the sole means of access to a residence,
21	21	a private parcel containing improvements, an improved boat landing, or a lake larger
22	22	than 20 acres. A seasonally maintained highway may not be the sole means of access
23	23	to a business or a private parcel that does not contain improvements unless the
24	24	business owner or parcel owner agrees in writing to the designation of the highway
25	25	as a seasonally maintained highway. When designating a seasonally maintained
26	26	highway, the town shall ensure that remaining maintained highways provide for the
27	27	most direct access to residences. The bill also provides that a town is not liable for
28	28	damages arising from motor vehicle operation on a seasonally maintained highway
29	29	while it is closed to motor vehicle traffic.
30	30	Under current law, the Department of Transportation administers a general
31	31	transportation aid program that makes aid payments to a municipality based on the
32	32	greater of a share-of-costs formula or an aid rate per each mile of highway under the
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36	36	ASSEMBLY BILL 649
37	37	jurisdiction of the municipality. As part of the aid-rate-per-mile calculation, each
38	38	municipality must file with DOT a plat showing the highways under its jurisdiction.
39	39	Under the bill, a town must include in the plat it files any highway that is
40	40	designated as a seasonally maintained highway. If DOT determines the seasonally
41	41	maintained highway meets the requirements under the bill, DOT must include the
42	42	highway in computing general transportation aid.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 82.36 of the statutes is created to read:
46	46	82.36 Seasonally maintained highways. (1) A town board, or its
47	47	designated superintendent of highways, may designate any highway or portion of a
48	48	highway under its jurisdiction as a seasonally maintained highway .
49	49	Notwithstanding ss. 82.03 (1) (a) and 82.05 (2), the town board and the
50	50	superintendent of highways are not required to keep a seasonally maintained
51	51	highway passable for motor vehicle traffic from December 15 to March 31.
52	52	(2) A highway under the jurisdiction of a town is eligible for designation as a
53	53	seasonally maintained highway only if all of the following apply:
54	54	(a) The seasonally maintained highway is designated as a snowmobile route
55	55	as provided under s. 350.047.
56	56	(b) The town erects a sign at each point where the seasonally maintained
57	57	highway begins and at each point where the seasonally maintained highway
58	58	intersects a highway that is not designated as a seasonally maintained highway. The
59	59	sign shall be designed in accordance with the manual of uniform traffic control
60	60	devices adopted by the department under s. 84.02 (4) (e) and shall display the words
61	61	“seasonally maintained highway.” During the period specified under par. (c), the
62	62	town shall erect an additional sign that displays the words “road closed” and words
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83	83	SECTION 1
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85	85	specifying the vehicles that are exempt from the closure, as specified by town
86	86	ordinance.
87	87	(c) The period of closure under par. (b) begins no earlier than December 15 and
88	88	ends no later than March 31 of the following year.
89	89	(d) The seasonally maintained highway is not the sole means of access to a
90	90	residence, a private parcel containing improvements, an improved boat landing, or
91	91	a lake larger than 20 acres.
92	92	(e) The seasonally maintained highway is not the sole means of access to a
93	93	business or to a private parcel that does not contain improvements, unless the owner
94	94	of the business or the parcel agrees in writing to the designation of the highway as
95	95	a seasonally maintained highway.
96	96	(3) When designating a seasonally maintained highway under this section, the
97	97	town shall ensure that remaining highways provide for the most direct access to
98	98	residences and do not require that a residence be accessed from only one direction,
99	99	unless the residence is located on a road that terminates beyond the residence.
100	100	(4) Notwithstanding s. 893.83, a town shall not be liable for damages for
101	101	injuries sustained by the operator or passenger of a motor vehicle that is operated
102	102	on a seasonally maintained highway during the period that the highway is closed to
103	103	motor vehicle traffic.
104	104	SECTION 2. 86.302 (1j) of the statutes is created to read:
105	105	86.302 (1j) A town shall include in the plat filed under sub. (1g) any highway
106	106	that is designated as a seasonally maintained highway under s. 82.36 (1). If the
107	107	department determines the seasonally maintained highway meets the requirements
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132	132	SECTION 2 ASSEMBLY BILL 649
133	133	of s. 82.36 (2), the department shall include the highway in making computations of
134	134	transportation aid.
135	135	(END)
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